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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85240-85242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26899]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-836]

Mattresses From Indonesia: Final Results of Antidumping Duty 
Administrative Review; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that PT 
Ecos Jaya Indonesia and PT Grantec Jaya Indonesia (collectively, Ecos/
Grantec) and PT Zinus Global Indonesia (Zinus) made sales of subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR), November 3, 2020, through April 30, 
2022. Commerce further determines that sales of subject merchandise 
made by the non-individually examined companies were at prices below 
NV.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Brian Smith, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 
482-1766, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2023, Commerce published the Preliminary Results of this 
administrative review.\1\ We invited interested parties to comment on 
the Preliminary Results. On September 15, 2023, Commerce extended the 
deadline for the final results of this administrative review until 
December 1, 2023.\2\ For a summary of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\ 
Commerce conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Mattresses from Indonesia: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2022, 88 FR 37027 (June 
6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 15, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2022 Antidumping Duty Administrative 
Review: Mattresses from Indonesia,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order 4
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    \4\ See Mattresses from Cambodia, Indonesia, Malaysia, Serbia, 
Thailand, Republic of Turkey, and the Socialist Republic of Vietnam: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Determination for Cambodia, 86 FR 26460 (May 14, 2021) (Order).
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    The merchandise covered by this Order is mattresses from Indonesia. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this administrative review in the Issues and Decision 
Memorandum. A list of the issues addressed in the Issues and Decision 
Memorandum is included in Appendix I. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on an analysis of the comments received and our findings at 
verification, we have made changes to the margin calculations in the 
Preliminary Results for both Ecos/Grantec and Zinus.\5\
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    \5\ See the Issues and Decision Memorandum.
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Rate for Non-Examined Respondents

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely on the basis of facts available.
    In this review, we calculated weighted-average dumping margins of 
8.40 percent and 6.75 percent for Ecos/Grantec and Zinus, respectively. 
With two respondents under individual examination, Commerce normally 
calculates: (A) a weighted-average of the estimated dumping rates 
calculated for the examined respondents; (B) a simple average of the 
estimated dumping rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated dumping rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sales values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rates closest to (A) as the 
most appropriate rate for all other producers and exporters.\6\ As a 
result of this comparison, we assigned a dumping margin of 7.04 percent 
to the non-examined companies.\7\
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    \6\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews, Final Results of Changed-
Circumstances Review, and Revocation of an Order in Part, 75 FR 
53661 (September 1, 2020).
    \7\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Selected Companies,'' dated December 1, 2023.
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                            Weighted -
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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PT Ecos Jaya Indonesia/PT Grantec Jaya Indonesia \8\....            8.40
PT Zinus Global Indonesia...............................            6.75
Non-Examined Companies \9\..............................            7.04
------------------------------------------------------------------------

    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\10\
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    \8\ We are treating these companies as a single entity for 
purposes of this review. For a complete discussion, see Memorandum, 
``Affiliation and Collapsing of PT Ecos Jaya Indonesia and PT 
Grantec Jaya Indonesia,'' dated December 8, 2022.
    \9\ See Appendix II for a list of these companies.
    \10\ See section 751(a)(2)(C) of the Act.
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Disclosure

    We intend to disclose the calculations performed for these final 
results of

[[Page 85241]]

review to interested parties within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), because Ecos/Grantec and Zinus 
reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of antidumping duties calculated for the examined 
sales to the total entered value of those sales. Where an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\11\
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Ecos/Grantec or Zinus 
for which the reviewed companies did not know that the merchandise they 
sold to the intermediary (e.g., a reseller, trading company, or 
exporter) was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\12\
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    \12\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the companies that were not selected for individual review, we 
assigned an assessment rate based on the review-specific average rate, 
calculated as noted in the ``Rate for Non-Examined Respondents'' 
section, above.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rates for the reviewed 
companies will be equal to the weighted-average dumping margin 
established in the final results of this review; (2) for producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the most recently completed 
segment; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original less-than-fair-value (LTFV) 
investigation, but the producer is, then the cash deposit rate will be 
the rate established in the most recently completed segment for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 2.22 percent, the all-others 
rate established in the LTFV investigation in this proceeding.\13\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \13\ See Order.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    General
    Comment 1: Calculation of Constructed Value Profit, Selling 
Expense, and Constructed Export Price Profit Ratios
    Ecos/Grantec
    Comment 2: Whether Commerce Should Use Facts Available When 
Applying the Transactions Disregarded Rule
    Comment 3: Whether Ecos/Grantec Failed to Report Sales and Cost 
Data for Subject Merchandise
    Comment 4: Treatment of Allowances
    Zinus
    Comment 5: Whether Zinus' Reported Export Price Sales Should Be 
Considered As Constructed Export Price Sales
    Comment 6: Zinus KR's Indirect Selling Expenses
    Comment 7: Calculation of Zinus KR's General and Administrative 
Expenses
    Comment 8: Treatment of Zinus' Unpaid Balances
    Comment 9: Treatment of U.S. Sales of B Grade Mattresses
    Comment 10: Treatment of Zinus KR's Research and Development 
Expenses
    Comment 11: Appropriate Customer Code for Differential Pricing 
Analysis
    Comment 12: Treatment of Advertising Expenses
    Comment 13: Accounting for Scrap Offset
    Comment 14: Application of Exchange Rate to Zinus Indonesia's 
Costs
    Comment 15: Recalculation of Credit Expenses (CREDIT2U)
VI. Recommendation

Appendix II

Companies Not Selected for Individual Examination

1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Demak Putra Mandiri

[[Page 85242]]

15. PT. Dinamika Indonusa Prima
16. PT. Dunlopillo Indonesia
17. PT. Dynasti Indomegah
18. PT Graha Anom Jaya
19. PT Graha Seribusatujaya
20. PT Kline Total Logistics Indonesia
21. PT. Massindo International
22. PT. Ocean Centra Furnindo
23. PT. Quantum Tosan Internasional
24. PT. Romance Bedding & Furniture
25. PT. Royal Abadi Sejahtera
26. PT Rubberfoam Indonesia
27. PT Solo Murni Epte
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT

[FR Doc. 2023-26899 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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